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HANLEY v. CRAVEN

No. 41249.

263 N.W.2d 79 (1978)

200 Neb. 81

John J. HANLEY and Kathleen C. Hanley, husband and wife, and John J. Hanley, Trustee, Appellants and Cross-Appellees, v. Nellie House Montgomery CRAVEN et al., Appellees and Cross-Appellees, and Olive Shoults Rosenberger et al., Appellees and Cross-Appellants, Impleaded with Arthur F. Mullen and Nancy Mullen, his wife, Gerald M. Mullen and Bunty Mullen, his wife, John C. Mullen and Kathleen Mullen, his wife, Michael P. Mullen and Rosemary Mullen, his wife, Lillian C. Hartman, Robert N. Johnson and Charlotte L. Johnson, Appellants and Cross-Appellees.

Supreme Court of Nebraska.

February 15, 1978.

Attorney(s) appearing for the Case

Edmund D. McEachen, Michael G. Lessmann of Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, Bernard T. Pipher, Tekamah, Thomas C. Emery, Omaha, Kenneth H. Beckenhauer, West Point, for appellants and cross-appellees.

Warren S. Zweiback of Zweiback, Brady, Kasher, Festersen & Pavel, P.C., Omaha, brief of appellees Nellie House Montgomery Craven, et al.

Daniel J. Duffy of Cassem, Tierney, Adams & Gotch, Omaha, brief of appellees, all the heirs of Alice House Shoults as a Class.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN, BRODKEY and WHITE, JJ., and RONIN, District Judge.

SPENCER, Justice.

This is an action to quiet title in certain lands in Thurston and Cuming Counties; to establish the ownership of certain fractional interests in the land; and to enter a decree of partition. The case involves the validity of certain quit claim deeds given pursuant to contracts for attorneys' fees. Their validity in the first instance requires an answer to the question as to whether the remainder interest in the property vested at the time of the...

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